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Analytics

Sukmadadi, Mas Diding Eki; Pratiwi, Siswantri; Mardani, Mardani

DINAMIKA HUKUM 2023 Universitas Stikubank

This writing aims to find out the proof of the elements against the law in the case of organized narcotics offences. The method used is normative juridical with the acquisition of secondary data and analyzed based on applicable legal sources. The results obtained in the verdict were correct in stating that the Defendant M. Nofriadi mentioned above, was legally and convincingly proven guilty of committing a criminal act, "Without the right or against the law Receiving Narcotics Group I in the form of non-plants weighing more than 5 (five) grams in an organized manner" as stated in the first indictment of the Public Prosecutor.

Hery Setyawan

SOSIAL: Jurnal Ilmiah Pendidikan IPS 2023 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The drug problem in Indonesia is still something that is urgent and complex. In the last decade this problem has become widespread. Evidenced by the significant increase in the number of drug abusers or addicts, along with the increasing disclosure of drug crime cases, the pattern of which is increasingly diverse and the syndicate network is getting more massive. The impact of drug abuse does not only threaten the survival and future of those who abuse it, but also the future of the nation and state, regardless of social, economic strata, age or level of education. Until now the level of drug trafficking has penetrated at various levels, not only in urban areas but has touched rural communities.

Sundari, Nata; Fadil Mutaqin; Shinta Pramudita Diah Pitaloka; Bentar Samudra Nusantara; Muhammmad Galih Irfansyah

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

In adolescence vulnerable to the influence of drugs. In these adolescents drugs can be introduced through association. Teenagers are also in a phase of searching for identity where they are curious. At this time they also began to be less supervised by their parents. This is because drugs have an unfavorable impact on mental and physical health as well as adolescents where teenagers are still of school age. so it is very important to conduct legal counseling regarding drug abuse to adolescents. So it is necessary to know the meaning of drugs, types of drugs, routes of drug use, the basic laws of drug abuse, and what are examples of drug abuse. The teaching method uses the focuser method, brainstorming, ranking exercises, group discussion forums, critical thinking, question and answer. The purpose of this writing is to find out how the law regarding drug counseling to teenagers in Cimindi. Apart from that, it is also to add insight to teenagers and so that teenagers can convey it back to the people around them. So that legal counseling can be useful for many people. So that legal counseling regarding narcotics can be a preventive measure to deal with drug cases in adolescents. This legal counseling activity was carried out for Cimindi youth, especially for hangout youth, youth organizations, and futsal children.

Noviyana Hadiyati; Zainudin Hasan; Fayza Rizki Vianisya; Febby Cantika Firdaus

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Narcotics misuse and distribution have become so pervasive that everyone is now a victim. This study aims to "identify, clarify, and analyze the enforcement of laws against juvenile offenders of drug abuse in the Bandar Lampung area. It also examines the factors that contribute to juvenile offenders of drug abuse." With the normative juridical approach research was the methodology adopted for this analysis. Deductive reasoning techniques are employed in conjunction with normative legal research as the approach method for this article. The study's findings indicate that legal substances, legal institutions, legal environments, and legal cultures all have an impact on children's decisions to abuse drugs. The child's internal factors are the most significant ones. It has been successful to utilize law enforcement to stop those who abuse drugs on minors. It is the responsibility of parents to properly educate their children so that they are not susceptible to peer pressure to break the law.    

Antonius Aditya Pratama

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Law Number 35 of 2009 concerning Narcotics has regulated the opportunities for medical rehabilitation and social rehabilitation for addicts and victims of narcotics abuse, as described in Article 54, Article 55, Article 103 and Article 127 Paragraphs (1), (2) and (3). In addition, it is also regulated in Articles 13-14 of Government Regulation Number 25 of 2011 concerning the Implementation of Compulsory Reporting of Narcotics Addicts and also the Circular Letter of the Supreme Court (SEMA) Number 4 of 2010 concerning Placement of Abuse, Victims of Abuse and Narcotics Addicts into Medical Rehabilitation and Rehabilitation Institutions. Social. The problems studied in this paper are how to regulate the implementation of rehabilitation for narcotics addicts based on the judge's decision and how the role of the competent agency in the implementation of rehabilitation for narcotics addicts is based on the judge's decision. Provisions for rehabilitation for narcotics abusers are regulated in Law No. 35 of 2009, it is stated in Article 54 that Narcotics Addicts and Narcotics Victims are required to undergo medical and social rehabilitation. This is clarified in Article 3 paragraph (1) of the Regulation of the Head of the National Narcotics Agency Number 11 of 2014 concerning Procedures for Handling Narcotics Addicts and/or Defendants of Narcotics Addicts and Victims of Narcotics Abusers in Rehabilitation Institutions (BNN Regulation 11/2014) which stipulates that Narcotics Addicts and Victims of narcotics abusers who are without rights and against the law as suspects and/or defendants in narcotics abuse who are undergoing the process of investigation, prosecution, and trial in court are given treatment, care and recovery in rehabilitation institutions. At the time the judge decides on rehabilitation, the judge will determine whether the person concerned (in this case the Narcotics Addict) undergoes rehabilitation or not based on whether or not the crime committed is proven. This is regulated as in Article 103 of Law no. 35 of 2009 concerning Narcotics. The Role of Agencies in the Rehabilitation of Narcotics Addicts in the Law of the Republic of Indonesia Number 35 of 2009 concerning Narcotics as a non-penal effort of the National Narcotics Agency is the implementation of mandatory reporting of Narcotics addicts, Recipient institutions must report (IPWL) Narcotics addicts, Medical rehabilitation, Social rehabilitation  

Aturida, Novia

DINAMIKA HUKUM 2023 Universitas Stikubank

In the juvenile justice process, there is a principle that states that the best interests of the child must be seen as of paramount importance (obtaining the highest level of priority) in every decision relating to children so that the safety and health of children can be realized. A child who abuses narcotics can be categorized as a victimless crime because his act of abusing narcotics harms his own person, so the child can also be said to be a victim of his own crime. That way, children who abuse narcotics have the right to be able to get rehabilitation and make imprisonment a last resort in the judicial process in accordance with the mandate of the Law on the Juvenile Criminal Justice System. However, in the decision of Decision Number 19/Pid.Sus-Anak/2020/PN Sgm, the panel of judges did not consider the position of children as legal subjects by not including the Law on the Juvenile Criminal Justice System and the Law on Child Protection in their considerations, so that they continued to sanction imprisonment without rehabilitation for children who use drugs. Thus, the purpose of this research is to find out the basis for judges' considerations not to impose rehabilitation on children who abuse narcotics in Decision Number 19/Pid.Sus-Anak/2020/PN Sgm and to analyze the sentencing contained in Decision Number 19/Pid.Sus-Anak/2020/PN Sgm when reviewed based on the Law on the Juvenile Criminal Justice System and the Child Protection Law. This research was conducted using a normative juridical method with a case approach. Sources of data in this study used secondary and primary data collected with library research data collection techniques, which were then analyzed descriptively and analytically with a qualitative approach. The results of the study concluded that the judge's consideration of not imposing rehabilitation on children who abuse narcotics in Decision Number 19/Pid.Sus-Anak/2020/PN Sgm because the child's qualifications as narcotics abusers do not meet one of the qualifications contained in SEMA Number 4 of 2010, namely that the weight of methamphetamine found was still under 1 (one) gram. In addition, the judge was not careful in imposing a sentence of 3 (three) months in prison without rehabilitation for a child as a narcotics abuser for himself because this did not comply with the provisions of Article 54 of the Narcotics Law, Article 81 Paragraph (1) and Paragraph (5) of the Law on the Juvenile Criminal Justice System, as well as Article 67 of the Child Protection Act.